Why Should I Trademark My Business Name?

You found the perfect business name. Rather it be cute, catchy, or just plain clever, you are excited that you now have the perfect name. Maybe you even registered it with the state. Maybe you got a domain. Maybe you started a Facebook page.  Maybe you found the best handle on Instagram.

But did you register it with the USPTO?

Trademarking your Business Name is of imperative importance.  Why? Because it ensures you aren’t infringing on anyone and that no one can infringe on you. 

These are just two of the many reasons why I advise my clients to Trademark their business name.  Trademarking your business name consists of a formal application process with the United States Patent and Trademark Office (USPTO), and ideally, ends with a registered trademark. Once you have a registered trademark, you now have federal rights to use your mark in connection with your goods and services nationwide, and even enforce your mark against potential infringers!

A common misconception I hear is that people think they can use their business name nationwide because it is registered with the state.  Unfortunately, that is not correct. The USPTO has denied numerous trademark applications that have had corresponding business names on file with the applicant’s state. How does this happen? Let’s say I set up a new Etsy shop.  I name it Courtney’s Creatives, LLC and file it with the state. I now own the Limited Liability Company “Courtney’s Creatives” in my state. I purchase a domain name and start a facebook page. I decide months later to file for trademark registration. The USPTO denies my registration saying someone else owns the name. Now, I am out the money for the application process.  And on notice that I am now an infringer! I scramble to start the processes of changing the name I use in all my marketing materials before the rightful owner finds out! Or, I ignore it and receive a cease and desist letter and have to rebrand anyways, or even face court action! What a nightmare.

Not only does trademark registration offer defensive positioning, but offensive as well.  What does that mean?

Trademark registration offers the following advantages:

  • Nationwide protection

  • Amazon Brand Registry

  • Instagram rights (get your handle right!)

  • Public record of ownership

  • Ownership of intellectual property that can be monetized

  • Evidence to remove copycats on social media

These are just a few examples of all the benefits that trademarking your business name can provide! So why delay? Schedule a consultation to talk about your business name!

Questions? Reach out to hello@cenglishlaw.com or call us 314-325-9155

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